Competition Appeal Tribunal

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This Overview guides practitioners on using the Competition Appeal Tribunal (CAT) and signposts procedural guides, authorities and materials. The CAT is the specialist forum for appeals and private enforcement in UK competition law. Its jurisdiction spans appeals against Competition and Markets Authority (CMA) decisions under the Competition Act 1998, reviews of merger and market investigation decisions under the Enterprise Act 2002 on judicial review principles, and claims for standalone and follow - on damages, including opt - out collective proceedings introduced by the Consumer Rights Act 2015. Practitioners should understand the applicable standard of review, strict time limits, interim relief (including stays of penalties), and the Tribunal’s case management under the CAT Rules 2015. Key procedural issues include confidentiality and disclosure (particularly where leniency and settlement materials arise), expert economic evidence, and the certification, funding and conduct of collective proceedings and settlements. Substantive points commonly encountered include penalty assessment, abuse and agreement infringement analyses, market definition and counterfactual evidence. Remedies and outcomes range from quashing or remitting decisions and varying penalties, to damages, injunctions and collective settlements. CMA infringement findings bind the CAT in follow - on claims;...

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